28 Jan 2010
NGC V HAH HC AK CIV 2009-404-004854
- Citation
- openlaw-baa3be9b_ed88_483e_9968_f8a993f8745c.pdf
- Court
- High Court
The High Court concluded the Family Court judge erred by failing to distinguish and separately apply the statutory frameworks for pre-dissolution (s63) and post-dissolution (s64/64A) maintenance, and by failing to conduct the mandatory s65 assessment of the applicant's reasonable needs, her means, and the respondent's ability to pay; the judge also erred in making a final indefinite maintenance order before relationship property was resolved. The maintenance awards were set aside and the matter remitted for re‑assessment by the trial Judge.